Riddlehoover v. State
| Decision Date | 29 January 1980 |
| Docket Number | No. 58991,58991 |
| Citation | 153 Ga.App. 194,264 S.E.2d 666 |
| Parties | RIDDLEHOOVER v. The STATE. |
| Court | Georgia Court of Appeals |
Glyndon C. Pruitt, Buford, for appellant.
Bryant Huff, Dist. Atty., Malcolm C. McArthur, Asst. Dist. Atty., for appellee.
Defendant was indicted for and convicted of the offense of aggravated sodomy. We affirm.
1. Appellant asserts error in the admission of the testimony of the victim's mother on the grounds that such testimony constituted inadmissible hearsay. The witness testified to a conversation she had with the prosecutrix the morning following the alleged attack. The trial court allowed the testimony as part of the res gestae, to which ruling defendant objected.
Even assuming, as appellant contends, that the statements of the prosecutrix, as related by her mother, were too remote in time to be admissible as part of the res gestae (see in this regard Peebles v. State, 236 Ga. 93(2), 222 S.E.2d 376), the court nevertheless properly admitted such testimony for the purpose of rebutting defendant's contentions of the prosecutrix' consent to the act of sodomy. See Smith v. State, 131 Ga.App. 722, 206 S.E.2d 711, holding that a judgment right for any reason will be upheld on appeal.
Watson v. State, 235 Ga. 461(2), 219 S.E.2d 763.
Although the particulars of such complaint would be hearsay and inadmissible, the fact of such complaint is not. Id. In the present case, the only particulars the witness testified to which would have been hearsay went to the identity of the perpetrator and the fact that defendant offered the prosecutrix a ride after her car had a flat tire. Since these facts were not contested or in issue (as it was the defendant's contentions that sodomy was performed consensually), it was not harmful error to allow the witness' testimony. Id.
2. We find no merit in appellant's contentions of error on the general grounds. The victim's testimony coupled with evidence of her complaint and her condition following the alleged attack was sufficient to authorize a rational trier of fact to find defendant guilty of the offense of aggravated sodomy beyond a reasonable...
To continue reading
Request your trial
-
Parker v. State
...sodomy charge, this testimony was not admissible for the purpose of rebutting such contentions. Compare Riddlehoover v. State, 153 Ga.App. 194(1), 264 S.E.2d 666 (1980). The only plausible reason this testimony could have been offered was to bolster and corroborate the testimony of the daug......
-
Barnes v. State
...is made is not hearsay, but the particulars of the complaint are hearsay." Id. at 463, 219 S.E.2d 763. Accord, Riddlehoover v. State, 153 Ga.App. 194, 264 S.E.2d 666 (1980); see also Pierce v. State, 230 Ga. 766, 199 S.E.2d 235 (1973). Characterizing the delayed reporting as a circumstance ......
-
Evans v. State
...OCGA § 16-6-2(a); see also Hines v. State, 173 Ga.App. 657, 658(2), 327 S.E.2d 786 (1985) (non-precedential); Riddlehoover v. State, 153 Ga.App. 194(1), 264 S.E.2d 666 (1980). 5. Appellant contends that the trial court erred in charging the jury on voluntary intoxication because it was not ......